Judge: Lynne M. Hobbs, Case: 21STCV04779, Date: 2023-10-26 Tentative Ruling

Case Number: 21STCV04779    Hearing Date: October 26, 2023    Dept: 30

ROSARIO MENDEZ, AN INDIVIDUAL vs CCI INVESTMENTS LLC, A CALIFORNIA CORPORATION

Re:  Motion to Vacate Dismissal of DOES 1-10
Request for Entry of Default Judgment
        OSC re dismissal
        OSC re $500 monetary sanctions

Tentative

Motion to Vacate the Dismissals are granted. Request for Entry of Default Judgment is denied. The Court dismisses CCI Investments, LLC for failure to obtain default judgment timely. Judicial Assistant is ordered to calendar OSC dates for the proof of service of any named DOES, including California Post Acute, LLC. Further, the Judicial Assistant is to strike any entry that California Acute was served. The monetary sanctions for failure to appear is discharged. Moving party to give notice.

Discussion 

The Court finds that the Plaintiff's motion to vacate the dismissal of DOES is timely pursuant to California Code of Civil Procedure, Section 473(b). The Court also finds that Plaintiff has made a showing that Plaintiff’s Request for Dismissal as to Does 1 to 50 and the Court’s subsequent March 22, 2023 dismissal of Does 1 to 50 was due to the inadvertence of Plaintiff. Counsel for Plaintiff has declared that: (1) Plaintiff was not aware of any other potentially liable parties at the time the Request for Dismissal was filed; and (2) Plaintiff therefore believed it was appropriate to dismiss Does 1 to 50. Plaintiff's motion is therefore granted.  Any service of the complaint or summons against California Post Acute, LLC is stricken since the case was dismissed when the service was effectuated.

The vacating of the dismissals causes the Court to deny the Request for Entry of Default Judgment against CCI Investments, LLC, and dismiss it from the case for failure to obtain a default judgment within the extensions granted by the Court pursuant to CRC Rule 3.110(h) and (i).